KontraChess Terms & Conditions

Effective as of May 25, 2018

Introduction

The Terms of Service stipulates terms and conditions of services provided by KontraChess. Services of KontraChess include services provided to users of KontraChess website and mobile applications operated by KontraChess Zrt. (UEN 201420574Z, seat: Szent Anna utca 39-41, Debrecen, 4024 Hungary). Such services include access to KontraChess platform where users can compete in various games, competitions and tournaments and use various applications, features, tools, technologies and services that we may, at our discretion, make available and provide from time to time, advertisements (hereinafter: the services).

By registering for use the services and creating KontraChess user account, the users agree to all terms and conditions of Terms of Service, Privacy Policy and User Code of Conduct, including any further and subsequent amendment to these, unilateral by KontraChess. Users furthermore agree that they meet specific age requirements for the use of KontraChess services under laws and regulations of their country of residence or under specific jurisdiction. By providing the consent thereof, the users acknowledge that they are aware of and comply with such specific requirements arising from national and international legislation on age restrictions that they are subject to.

Registration

Only natural persons shall be entitled to obtain KontraChess user account upon registration. Further conditions may apply for natural persons under specific age thresholds stipulated under laws and regulations of their country of residence or under specific jurisdiction.

Users who have registered for use the services and created KontraChess user account but have not agreed to the Terms of Service, Privacy Policy and User Code of Conduct are required to terminate the use of services until the agreement to the Terms of Service, Privacy Policy and User Code of Conduct is provided.

Failure to accept Terms of Service, Privacy Policy and User Code by the user shall be regarded as violation of Terms of Services and shall be subject to deactivation and subsequently deletion of the user’s KontraChess account.

In order for user to use the KontraChess services, users are required to provide true, accurate and complete information in the fields marked as “compulsory”. Users are furthermore encouraged but are not required to provide information in the field market as “optional”. Untrue, inaccurate or incomplete information provided by users during the registration process or information provided by users during the registration process that KontraChess has reasonable grounds to suspect is untrue, inaccurate or incomplete shall be regarded as violation of Terms of Services and shall be subject to deactivation and subsequently deletion of the user’s KontraChess account.

In order to comply with laws and regulations, KontraChess may require that users to provide information and consent as any future point in time as long as the user has KontraChess user account. Moreover, in order to comply with laws and regulations, KontraChess may decide to amend the terms of the Terms of Service, Privacy Policy and User Code of Conduct unilaterally as any future point. Users are therefore required to provide true, accurate and complete information for the purpose of communication with the users, such as email address. Furthermore, users are required to promptly update such information in order to be true, accurate and complete.

User Age Restrictions

All users of KontraChess services must comply with specific age requirements for the use of KontraChess services under laws and regulations of their country of residence or under specific jurisdiction. Users shall note that regulation on age restriction may vary from territory to territory. While KontraChess is committed to equal opportunities and treatment of all users of its services, failure of users to comply with applicable regulation their country of residence or under specific jurisdiction shall be regarded as violation of Terms of Service, Privacy Policy and User Code of Conduct.

To comply with specific age requirements, users must be able to enter into contracts and transactions on own behalf under laws and regulations of their country of residence or under specific jurisdiction. Specific age requirement may further apply to users entering into financial transactions under laws. In many countries, age threshold to enter into contracts and/or transactions is 18 years of age as the time of entering into contracts and/or transactions

By providing the consent thereof, the user acknowledges that it is aware of and complies with such specific requirements arising from national and international legislation on age restriction that it is subject to. The user further warrants and represents to KontraChess it is permitted to use its services under applicable laws and regulations.

Laws and regulation of some territories prescribe that users do not meeting age threshold under applicable regulation may still register for use the services and create KontraChess user account provided the parental consent is obtained. In such cases users must seek parental consent and parental consent shall be obtained based on information laid down in the Terms of Service, Privacy Policy and User Code of Conduct.

Users shall note that specific age requirements for the use of KontraChess services may apply based on specific jurisdiction or laws and regulations of their country of residence. By providing the consent thereof, the users agree that they are aware of and comply with such specific requirements arising from national and international legislation on age restriction that they are subject to.

User Consent and Opting-In

All users will be required to provide active opt-in to comply with General Data Protection Regulation 2016/679 (hereinafter: GDPR) to receive communication of commercial nature from KontraChess such as newsletters and storing and processing of their personal information KontraChess. Users agree that consent shall not be viewed as an incentive and added-value, but conditions for using the services after May 25, 2018.

The consent shall be communicated to the user in the following form and opting-in shall be provided in check box: “I would like to receive emails and communication from KontraChess”.

Users shall note that all communications received from KontraChess contain an unsubscribe link.

Unless otherwise prescribed by laws and regulations of the user’s country of residence or specific jurisdiction, users who are less than 16 years of age as of the time of their registration should provide parental consent.

License to Use the Services

Registration to use KontraChess services and creation of KontraChess user account is not condition for users to use limited amount of features of the services that includes but is not limited to searching and viewing the KontraChess match replay (gif replays) on third-party websites, or viewing content from KontraChess streamed on various third-party streaming services such as Twitch. In order for users to create KontraChess account, limited amount but not all information regarded as personal information must be provided during the registration process. Personal information includes data of and provided by a user of services based on which an individual can be indentified among other users of the services (hereinafter: the personal information).

By accepting terms and conditions of Terms of Service, Privacy Policy and User Code of Conduct, the users are grated a limited, revocable, non-exclusive and personal license to access and individually use the services.

A single license can only be awarded to a single user for individual use, and such license is not transferrable among users or to the third-party and cannot be used by multiple users simultaneously or consecutively. Use of the single license by multiple users simultaneously or consecutively is regarded as violation of the Terms of Service and User Code of Conduct.

User shall not seek to transfer rights hereunder to a third party or use the services in any manner not expressly permitted by KontraChess, and this license does not extend to any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the services (or any information or content related to services), nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by KontraChess. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the services.

Users are therefore required to maintain the confidentiality of information relating to their user account including the unique password granting the access to their user account. KontraChess shall not be liable to any personal loss or damage incurred to the user arising from user’s failure to protect confidentiality of information relating to the user account.

KontraChess reserves all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, expressed or implied or by way of estoppel, to any intellectual property rights, and use of services does not convey or imply the right to use the services in combination with any other information or products.

Service Limitations

At any time and without prior notice to the users, KontraChess may limit the use of services including but limited to the maximum size of personal our group messages, storage space assigned to a user account, number of messages sent by users within the specific time etc.

Users agree that KontraChess has no liability or obligation to store user information for indefinite period of time or for any specific time.

Users furthermore agree that KontraChess has no liability or obligation to maintain and store data of accounts of users that are inactive for extended period of time. Users shall note that all inactive accounts will be deactivated and deleted following notice sent to the users based on contract information provided to KontraChess.

Deletion of User Accounts and User Right to be Forgotten

All registered users of KontraChess services are provided with tools and settings to access, modify, amend or delete the personal information.

In accordance with General Data Protection Regulation 2016/679, all users are given opportunity to delete their user account at KontraChess and information therein provided. Deletion and forgiveness of users is based on individual requests for deletion submitted to support@kontrachess.com upon the receipt of which the user account is firstly deactivated and subsequently permanently deleted. Following deactivation and prior to permanent deletion of user information, the user profile and some of user information shall remain stored by KontraChess for up to 30 calendar days and reviewable. The period of 30 calendar days offers opportunity to users to re-activate their account without losing any personal information. Unless otherwise agreed with the user, the process of deletion starts 30 days following deactivation and lasts for up to a week.

Users agree that KontraChess may unilaterally decide to permanently deactivate and delete KontraChess user account if users fail to comply with or breach terms and conditions of Terms of Service, Privacy Policy and User Code of Conduct without prior notice to users with or without cause at any time and effective immediately. Failure of users to comply with breach terms and conditions of Terms of Service, Privacy Policy and User Code of Conduct may also be based on failure of users to comply with specific laws and regulations of user’s country of residence based on specific jurisdiction and requests of law enforcement or other government agencies.

Users agree that KontraChess may unilaterally decide to permanently deactivate and delete the KontraChess user account if the user fails to settle any financial liability to KontraChess, including but not limited to the obligations from fees.

Accounts of users inactive for extended period of time shall be deactivated and deleted following notice sent to the users based on contract information provided.

User Obligation to Report Data Breach

Users agree to notify KontraChess of any unauthorized use of user passwords or accounts, including all potential breaches of security and safety of users within 72 hours following the event of breach.

Proprietary Rights and Trademarks

The services contain proprietary rights, titles, property and interest of KontraChess including, without limitation, licensees, rights and trademarks that are protected by intellectual property right laws such as copyright material, trademarks, service marks, logos knowhow, business methods, databases and proprietary information (hereinafter: the proprietary material), which may include, but is not limited to text, software, photos, video, graphics, images, data, music and sound.

Users agree not to modify, adapt, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any proprietary material without prior written authorization from KontraChess. Users agree not to display or use these trademarks in any manner without prior authorization from KontraChess.

Users agree not to participate in or assist a third party to do any act or omission that may compromise or create loss or damage to the value of proprietary material, or the ability of KontraChess or its licensees to assert their rights in or over it.

KontraChess reserves all rights not expressly granted herein under the Terms of Service.

Discontinuing the Services

KontraChess may suspend its services temporary and permanently without prior notice to the users or the third-parties. KontraChess is not liable to the users and the third parties in the event services are either temporary or permanently discontinued. In the event of foreseeable or predictable discontinuation of services, KontraChess shall make tangible strives in informing the users on discontinuing the services and foreseeable duration of discontinuation of services.

User Code of Conduct

Users are required to observe and adhere to the principles of lawful, ethical and respectful behavior on using the services. KontraChess may ban or suspend a user in violation of such principles or users who demonstrate abusive, discriminative or anti-social behavior.

When using the services users agree that they:

May not use, publish or upload obscene, lewd, slanderous, defamatory, pornographic, abusive, violent, insulting, indecent, inflammatory, threatening or harassing language of any kind, as determined by us in our sole discretion

May not behave in any manner that is insensitive or discriminatory towards any person or any group including any social, ethnic, religious, sexual or racial group or nationality, or that promotes intolerance, violence, discrimination or hatred towards any person or any group

May not impersonate another person or user

Will not abuse, stalk or bully another use

Will not share personal information with other users while using the services

May not upload, distribute, or otherwise publish any content, information, or other material that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, confidential information or other proprietary rights of any person

Will not attempt to participate in any services by means of automatic, macro, programmed, or similar methods.

Will not use the site or the services for the purpose of committing any illegal or unethical activity or fraud such as money laundering, or to cheat or defraud or attempt to cheat or defraud any other user, whether for financial gain or not

Will not deploy or transmit any viruses, worms, trap doors, spyware, trojan horses or other types of harmful code when using this site or the services.

Will not disrupt, interfere with or impair the normal operation or any aspect of the services

Representations and Warranties of Users

Users represent and warrant to KontraChess that (1) they shall fully comply with the Terms of Service, Privacy Policy and User Code of Conduct at all times; (2) they shall supply information that is complete, accurate and current; and (3) their use of services shall comply at all times with any laws, regulations or rules that they should be solely responsible for determining the compliance with applicable laws (4) they should use the services individually and on the basis of personal, individual skills and aptitude.

Payment Terms

Fees displayed for the services include applicable sales taxes, unless expressly stated otherwise. To the extent permissible under applicable laws, sales of services to users is subject to applicable taxes under applicable laws and regulations.

Service fees charged to users do not include overdraft or other fees incurred as a result of the payment processing by the third party such as bank or credit card company of the user.

In order to purchase services users will be directed to the payment gateway where users shall provide payment information, which shall be passed to the third-party payment processor for settlement. Such transaction is subject to the terms and conditions and privacy policy of the third parties, including applicable laws and regulations for financial transactions. KontraChess has no access to credit card, bank account number and other information provided by the user to the third party payment processor for settlement and has no ability to check such information for accuracy, completeness and validity. KontraChess and its affiliates, officers, directors and employees, shall have no liability arising from or in connection with any third-party's use of credit card, bank account number and other information provided by the user to the third-party payment processor for settlement.

All service fees and charges are non-refundable.

Prizes and Personal Income from Services

Users may obtain prizes and personal income from the services.

Prizes and personal income are subject to proof of eligibility of the user to participate in the game, tournament or competition offered within the scope of the services, at the request of KontraChess. Users agree to be investigated for any alleged cheating, fraud or impropriety that KontraChess may conduct in possession or lack of evidence to suspect the same, and that such investigation may be carried out as random audit (hereinafter: the investigation).

Users shall respond to the notice of investigation without delay and shall be fully cooperative in providing information to KontraChess. Failure to cooperate on investigation shall be regarded as violation of the Terms of Service.

Users agree to company with personal income tax laws and regulation in their country of residence or under specific jurisdiction. KontraChess and its affiliates, officers, directors and employees, shall have no liability arising from failure of users to comply with application tax laws and regulations.

Support

KontraChess offers technical support to its users based on explicit request.

Users acknowledge that if they refuse to take actions to contact the support or follow the instructions received from support, the services may have deficiency in quality and/or quantity, and may not be provided as intended or may be fully interrupted.

Users shall provide remote access to their device used for accessing the services if required to remove the interruption in the service. Users also agree that KontraChess and third-parties may update software or deploy patches, updates, and modifications to the software, via remote access o user’s device, based on prior notification to the user.

User Generated Content

The user understands that all for information generated by the user by the use of services that includes but is not limited to data, text, music, sound, photo images and graphics, video, messages, tags, or other information (hereinafter: the content), publicly exposed or privately transmitted it is entirely responsible. KontraChess does not monitor the accuracy and completeness of the content. The user warrants and represents that it is the owner of content or has all rights necessary to upload, post, transmit and otherwise share such. KontraChess shall not be liable for any damage or loss arising from uploading, posting, transmitting and otherwise sharing the content.

Users hereby grant to KontraChess a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such content, in all possible formats. Users hereby waive all rights to any claim against KontraChess for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the content.

Users acknowledge and agree that KontraChess may edit, refuse to post or remove any cotenant without prior notice to the user.

Users acknowledge that content and its communication by the users is associated with the right of free speech.

Users acknowledge and agree that they may be exposed to the content that is offensive, indecent or objectionable.

Users agree that KontraChess may use the content in order to (1) comply or satisfy any applicable law, regulation, legal process, or governmental request, (2) enforce the Terms of Service, Privacy Policy and User Code of Conduct that includes but is not limited to investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security breach or technical issue, (4) respond to user request for support, or (5) protect the rights, safety of services, other users of KontraChess and public interest.

Monitoring

KontraChess has no obligation to monitor the personal information or the content or any portion thereof. KontraChess shall have no liability in connection with the personal information or the content, transmitted via, or displayed or posted on or through the service.

KontraChess may monitor the personal information or the content and remove, delete, redact or otherwise modify content or block or terminate user access to this site and the services, in its sole discretion, at any time and without prior notice to the user.

Privacy

KontraChess may amend the terms and conditions of its Privacy Policy unilaterally without seeking the consent of the users.

Users shall be notified about the amendments to the Privacy Policy via email. Users are required to provide true, accurate and complete information for the purpose of communication with the users.

KontraChess may amend the terms of its Terms of Service, Privacy Policy and User Code of Conduct in any manner unilaterally without seeking the consent of the users. Any such amendment shall become effective immediately upon notice to the users. The use of services upon such amendment shall be conclusively deemed an acceptance of any amendment. The only right and remedy of the user with respect to any dissatisfaction with any amendment made pursuant to this provision, or any policies or practices of KontraChess in providing the services is to request deletion.

Indemnification

The user hereby agrees to indemnify, hold harmless, and defend KontraChess and its affiliated companies, respective current and former officers, directors, shareholders, agents, and employees (hereinafter: the indemnified parties) from any and all actions, causes of action, suits, proceedings, claims, and/or demands by any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees and costs), which arise out of: (1) the actual or alleged breach of Terms of Service, Privacy Policy and User Code of Conduct by the user, (2) any negligent act or omission by the user, (3) any breach of any applicable law, regulation or directive by the user; or (4) any third party claim, action, or demand relating to the use of the services by the user (hereinafter: the claims). KontraChess may, at its expense, employ separate counsel to monitor and participate in the defense of any claims.

No Warranties

KontraChess disclaims all warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose, non-infringement, title or enjoyment.

KontraChess does not warrant that the services are error-free or will operate without interruption. No rights or remedies referred to in any applicable law will be conferred on users unless expressly granted herein. KontraChess expressly disclaims the implied warranties of fitness for an intended purpose, proper workmanship, non-negligence, non-infringement, and any liability in connection with users’ provision of user credit card or account information.

Users shall use the site and services entirely at own risk. Under no circumstances shall KontraChess and its affiliates, or any of our respective directors, officers, employees, agents, or contractors be liable for any direct or indirect, special, incidental, punitive, exemplary, multiplied or consequential damages, including, without limitation, in connection with any lost business or lost profit arising out of users’ use or the inability to use services, and/or the services’ content.

If the user’s use of services results in any interruption, impairment or loss of, or need to service, repair or correct, any software, equipment, systems or data, the user agrees to assume, and hold KontraChess harmless from, any costs and losses in connection therewith.

Limitations on Liability

KontraChess shall not be liable for any claim, injury or damage arising from the use of or the inability to use the services. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communications lines failure, theft or destruction or unauthorized access to, alteration of or use of records, data, programs or files, whether for breach of contract, wrongful act, negligence or under any other cause of action.

In no event shall KontraChess and its affiliates, or any of our respective directors, officers, employees, agents, or contractors be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the services, even if KontraChess has been advised of the possibility of such damages.

Governing Law and Arbitration

The Terms of Service shall be governed by the laws of Hungary.

Users agree to submit any dispute arising out of or related to services or he Terms of Service, Privacy Policy and User Code of Conduct to the court in Hungary with jurisdiction on such matters.

Waiver

Any failure by KontraChess to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by KontraChess of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Severability

In the event that any provision of the Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render the Terms of Service unenforceable or invalid as a whole. KontraChess shall amend such provisions by new provisions with objectives and intent as reflected in the original provision.

Entire Agreement

The Terms of Services and documents referenced herein constitute the complete and exclusive agreement between the user and KontraChess with respect to use of services, and supersede and govern all prior proposals, agreements, or other communications relating thereto.